---
title: "List the Victorian damages Parts that do not apply to an intentional assault"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-VC20261023-1-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# List the Victorian damages Parts that do not apply to an intentional assault

> From the facts the lawyer marks as an intended assault, a sexual assault, or neither, set out section 28C and section 28LC and the words in which each says the Part does not apply.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the facts the lawyer marks as an intended assault, a sexual assault, or neither, set out section 28C and section 28LC and the words in which each says the Part does not apply. Do not decide intent and do not write the pleading. |
| What the lawyer must review | Decide whether the fault is an intentional act done with intent, or sexual misconduct Check that these sections take two Parts off that claim. They do not repeal the rest of the Act. Do not write the pleading from this table Use a firm-controlled tool for health records. ASCR r 9, APP 11 and the Privacy Act 1988 (Cth) apply. |
| Written for | Victoria |
| Applies to | [Decide which damages limits apply to a civil claim for an assault](https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault.md) |

## Checking plan

**Verify against sources**

The lawyer decides intent. The tool sets out the two application sections in their own words.

- What the AI does: From the facts the lawyer marks as an intended assault, a sexual assault, or neither, set out section 28C and section 28LC and the words in which each says the Part does not apply. Do not decide intent and do not write the pleading.
- What the lawyer does: Decide intent and which Parts of the Act still apply.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Section 28C(2)(a) says the personal-injury damages Part does not apply where the fault is an intentional act done with intent to cause death or injury, or is sexual assault or other sexual misconduct.
2. Section 28LC(2)(a) says the non-economic-loss Part does not apply where the fault is, or relates to, such an act. Keep the words 'or relates to', which appear in s 28LC and not in s 28C(2)(a).
3. Both sections also exclude other claims, including transport accident and workers compensation claims. This row is only the intentional-act and sexual-misconduct exclusion.
4. Do not say that every provision of the Wrongs Act falls away.

## Notes

- The opened sections do not name a pre-court notice that is switched off for this kind of claim. Do not invent one.
- Intent is the lawyer's finding. The table uses the finding the lawyer has marked.
- Medical records used to describe the injury stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Wrongs Act 1958 (Vic), personal injury damages and non-economic loss

**Deliverable**: A table of s 28C and s 28LC in the words of those sections, under the intent finding the lawyer has marked.

**Inputs**

- The lawyer's mark of intent or sexual misconduct
- Sections 28C and 28LC

**Example**: Illustrative example: The lawyer marks an intentional assault done with intent to injure. The table quotes s 28C(2)(a) and s 28LC(2)(a). It does not say the whole Act is excluded, and it does not plead the claim.

**Stop and escalate when**

- Intent has not been marked.
- The claim is a transport or workers claim, which these paragraphs also exclude for a different reason.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) s 28C](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 28LC](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lc.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*